Forum Home» Consumer Rights

After winning small claims

New Post Advanced Search

After winning small claims

edited 30 November -1 at 1:00AM in Consumer Rights
11 replies 1.3K views
ViagogoWillPayMeViagogoWillPayMe Forumite
21 posts
10 Posts Name Dropper
edited 30 November -1 at 1:00AM in Consumer Rights
Hi,

I won a CCJ (county court judgement) against a company,the case was served on my favour and it has been required to the company to pay me, however they didn´t, so next steep is proceed with the next step at the legal process.

I have a few options:
Attachment of Earnings- to make sure they have assets
Charging Order - they wont be able to sell land or property without paying me
Order to Obtain Information - from an employee
Third Party Debt Order - will freeze company accounts, but not sure if the company declares an international account....
Warrant of control - can take up to one year

Any advise which is quicker and may be successful?

Thank you!!! :)
«1

Replies

  • waamowaamo Forumite
    9.6K posts
    Seventh Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    None of the above. Either baliffs or HCEO's depending on the value of the claim.
    This space for hire.
  • heatherw_01heatherw_01 Forumite, Board Guide
    6K posts
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    ✭✭✭✭
    Hi, we move threads if we think they’ll get more help elsewhere (please read the forum rule) so this post/thread has been moved to another board. If you have any questions about this policy please email [email protected].
    I'm the Board Guide on Quick Grabbit, Freebies, Overseas Holidays & Travel Planning and the UK Holidays, Days Out & Entertainments boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Board guides are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to [email protected] (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • steampoweredsteampowered Forumite
    4.5K posts
    Seventh Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    It depends entirely on the circumstances.

    You need to do some research to see if you can identify what assets the company has and where they are held. This will determine the best method of enforcement. Check the company details on Companies House - https://beta.companieshouse.gov.uk/. Have a look on the company's website.

    If you can identify premises that the company is trading from within the UK, usually the best thing is to use HCEOs. HCEOs tend to be quicker than county court bailiffs.

    If you have details of a company bank account, a third party debt order works well - but I'm not sure you can get this over non-UK accounts.

    If the company does not have any assets, then enforcement could be throwing good money after bad.
  • da_ruleda_rule Forumite
    3.6K posts
    Sixth Anniversary 1,000 Posts
    ✭✭✭✭
    Attachment of Earnings - not available for companies as they don’t have earnings.

    Charging Order - only appropriate if they have property that can be charged and even then you have to wait for them to sell it (unless you can also enforce a sale).

    Third Party Debt Order - unsure what you mean by international account? But, yes, this will freeze bank accounts in the interim and then instruct the bank to pay money to you. You can also use this on other third parties, such as people who owe the company money.

    Warrant of Control - slow.

    Debtors Questioning - an officer of the company (not an employee) will attend court and give information on the company’s finances and assets. This will then enable you to work out which enforcement options are available/appropriate. The application is somewhat cumbersome and you have to arrange personal service and provide affidavits. You also have to pay the debtors travel costs if they ask you to.

    If you have been awarded more than £600 (including costs) then you could escalate the matter to the High Court for enforcement. This is generally quicker and more cost effective than any of the above if you are fairly confident that the company has assets that would cover the debt. The last time I used one, it costs me £66 upfront (which is added to the debt). If they couldn’t recover the debt there would have been a further charge of £75 (plus VAT). They can also arrange and manage payment plans etc.
  • Thanks everyone went for warrant and lets see, I may proceed with further actions if no inmediate response, the HCEO I can´t use it, yet....but deffo I may be one of the next steps :)
  • hollydayshollydays Forumite
    19.8K posts
    Part of the Furniture 10,000 Posts Name Dropper
    ✭✭✭✭✭
    The clue to the companys name is in the ops username
  • waamowaamo Forumite
    9.6K posts
    Seventh Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    Thus far that particular company seem to have managed to evade all responsibility. They are touts with a respectable veneer. No better than people who stand outside venues offering dodgy tickets at inflated prices.

    I really wish people would stop using them.
    This space for hire.
  • camelot1971camelot1971 Forumite
    1.3K posts
    Ninth Anniversary 1,000 Posts Name Dropper
    ✭✭✭
    You have a check, not a cheque? And you are based in the UK? Hmmmm.
  • ViagogoWillPayMeViagogoWillPayMe Forumite
    21 posts
    10 Posts Name Dropper
    You have a check, not a cheque? And you are based in the UK? Hmmmm.
    Oops sorry, british can´t make typos... Is not relevant if now I´m based in the UK isn´t it?
  • ViagogoWillPayMeViagogoWillPayMe Forumite
    21 posts
    10 Posts Name Dropper
    You have a check, not a cheque? And you are based in the UK? Hmmmm.
    https://www.dictionary.com/browse/check
    Here is our "check" :) Regards from Greece :smiley:
Sign In or Register to comment.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support